Code of Civil Procedure, 1908

Order XVIII CPC Rules 7 to 12: Recording and Examination of Witnesses

Order XVIII Rules 7 to 12 of the Code of Civil Procedure, 1908 deal with the form of evidence, the Judge's memorandum where evidence is not personally taken down, recording evidence in English, recording particular questions and answers, objections allowed by the Court, and remarks on the demeanour of witnesses.

Official legal source: The current central text of the Code of Civil Procedure, 1908 is available on India Code, Ministry of Law and Justice.

Current evidence-law note: The official CPC text continues to describe Rule 7 as "Evidence under section 138." The Bharatiya Sakshya Adhiniyam, 2023 has replaced the Indian Evidence Act, 1872 and now contains the law relating to examination of witnesses in Chapter X. The wording below follows the current published CPC text; applicable evidence-law cross-references should be read with the law presently in force.

Rule 7 - Evidence under section 138

Evidence taken down under section 138 shall be in the form prescribed by rule 5 and shall be read over and signed and, as occasion may require, interpreted and corrected as if it were evidence taken down under that rule.

Rule 8 - Memorandum when evidence not taken down by Judge

Where the evidence is not taken down in writing by the Judge, or from his dictation in the open Court, or recorded mechanically in his presence, he shall be bound, as the examination of each witness proceeds, to make a memorandum of the substance of what each witness deposes, and such memorandum shall be written and signed by the Judge and shall form part of the record.

Rule 9 - When evidence may be taken in English

(1) Where English is not the language of the Court, but all the parties to the suit who appear in person, and the pleaders of such of the parties as appear by pleaders, do not object to having such evidence as is given in English being taken down in English, the Judge may so take it down or cause it to be taken down.

(2) Where evidence is not given in English but all the parties who appear in person, and the pleaders of such of the parties as appear by pleaders, do not object to having such evidence being taken down in English, the Judge may take down, or cause to be taken down, such evidence in English.

Rule 10 - Any particular question and answer may be taken down

The Court may, of its own motion or on the application of any party or his pleader, take down any particular question and answer, or any objection to any question, if there appears to be any special reason for so doing.

Rule 11 - Questions objected to and allowed by Court

Where any question put to a witness is objected to by a party or his pleader, and the Court allows the same to be put, the Judge shall take down the question, the answer, the objection and the name of the person making it, together with the decision of the Court thereon.

Rule 12 - Remarks on demeanour of witnesses

The Court may record such remarks as it thinks material respecting the demeanour of any witness while under examination.